Carroll v. Merrill Lynch

Dist. Ct. did not err in granting defendants' motion for summary judgment in action alleging that defendants' recording and re-playing of plaintiff's threatening telephone call to one defendant that ultimately led to plaintiff's termination of her job by another defendant violated Illinois eavesdropping statute. Instant recording fell within statute's fear of crime exception where: (1) plaintiff admitted that she would have felt threatened had she received such telephone call; and (2) one defendant testified that plaintiff's yelling and use of profanity made her believe that plaintiff was going to vandalize her home. Ct. rejected plaintiff's claim that defendant's justification for recording the telephone call, i.e., defendant's belief that plaintiff was committing or was going to commit crime, was unreasonable.